| DARNELLE BRADY AND RONALDO PARKER V CITY OF NORTH TONAWANDA ANTHONY D. REGALLA AND CSX TRANSPORTATION, INC. |
| Motion No: CA 17-01075 |
| Slip Opinion No: 2017 NY Slip Op 77713(U) |
| Decided on June 19, 2017 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01075
| DARNELLE BRADY AND RONALDO PARKER, PLAINTIFFS, V CITY OF
NORTH TONAWANDA, DEFENDANT-RESPONDENT, ANTHONY D. REGALLA, DEFENDANT-APPELLANT, AND CSX TRANSPORTATION, INC.,
DEFENDANT-RESPONDENT. |
Respondent City of North Tonawanda having moved and respondent CSX Transportation, Inc. having cross-moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 31, 2017, on the ground that the appeal was untimely taken pursuant to CPLR 5513,
Now, upon reading and filing the affirmation of Shannon B. O'Neill, Esq., dated June 5, 2017, the amended affirmation of Erik A. Goergen, Esq., dated June 15, 2017, the notices of motion and cross motion with proof of service thereof, and the affirmations of Nicole B. Palmerton, Esq., dated June 12, 2017, and June 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted and the appeal is dismissed as untimely taken pursuant to CPLR 5513 (a), without prejudice to a timely appeal from the judgment when entered with the clerk of the court (see CPLR 5501 [a] [1]).
Entered: June 19, 2017
Frances E. Cafarell, Clerk